[Ppnews] Appeals Court Upholds $19 Million Judgment Against Haitian Death Squad Leader
Political Prisoner News
ppnews at freedomarchives.org
Wed Dec 2 18:53:55 EST 2009
From center4justice at cja.org
December 2, 2009
Dear Friends of CJA,
Yesterday, the Second Circuit Court of Appeals upheld a judgment for
$19 million against Emmanuel "Toto" Constant, the former leader of
Haiti's notorious death squad known as FRAPH (Revolutionary Front for
the Advancement of the Haitian People). Constant, as you may recall,
is a CJA defendant who was found liable for torture, including rape,
attempted extrajudicial killing, and crimes against humanity in
connection with his role as the leader of FRAPH. He was ordered by a
federal court in New York to pay $19 million to our clients, three
courageous women who survived savage gang rapes and other violence
committed by paramilitary forces under Constant's control.
The Second Circuit ruled that plaintiffs had presented sufficient
allegations that Constant had "worked in concert with the Haitian
military to terrorize and repress the civilian population," relying
on the legal standard the Circuit set forth in its prior ruling in
Kadic v. Karadzic (against Bosnian Serb leader Radovan Karadzic, now
on trial in the Hague). The Court also rejected Constant's attempt
to argue that he could not defend himself because of his
incarceration in New York prison for mortgage fraud, holding that he
was not even in prison at the time he was served with the lawsuit.
The $19 million damages award was the culmination of an extraordinary
journey by these three women who were targeted because either they -
or their husbands - were pro democracy activists. This case marks the
first time that anyone has been held accountable for the campaign of
rape that destroyed so many families in Haiti. And, perhaps more
importantly, this case gives a voice to the countless other women
around the world who have been victims of state-sponsored sexual
violence. In holding that rape is a form of torture, this decision
was a critical addition to the body of law prohibiting sexual violence.
Constant first came to the U.S. in 1994 to avoid a Haitian arrest
warrant for murder and torture. He moved to Queens where he changed
professions from death squad leader to mortgage broker. Not
surprisingly, Constant began engaging in fraud and was eventually
indicted in 2006 on criminal mortgage fraud charges by the New York
Attorney General. In October of 2008, Constant was sentenced to 12
to 37 years in prison for his role in a criminal mortgage fraud
scheme in New York.
Special congratulations and thanks to our clients and their families,
the Haitian community, CJA attorney Natasha Fain, pro bono counsel
Ivor Samson and Daniel Pancotti of Sonnenschein Nath & Rosenthal LLP,
and co-counsel Jennie Green of the Center for Constitutional Rights
and the University of Minnesota.
Below is a copy of the text of the press release that was issued yesterday
Best wishes,
Pamela Merchant
Executive Director
For more information on CJA's case against Constant please visit our
website,
<http://rs6.net/tn.jsp?et=1102862107181&s=2900&e=001Kri2CoCu2E5oM8Z6hLs8a6Gve7VBYjFoqCx1lPV0S5Cm-7tLpULrU0q9FQXn0P8p8ywPW0isS0gS2N8xUAnOpizS64H4MG3thvoZg1Q8kK4=>www.cja.org.
P.S.: Your investment in CJA goes an extremely long way: for every
dollar CJA receives, we deliver four dollars in value because of our
network of pro bono attorneys, investigators and researchers. To
donate online safely and securely please
<http://rs6.net/tn.jsp?et=1102862107181&s=2900&e=001Kri2CoCu2E5JzdZO5UZsLve4L2wscFc88TLenZpjzbLCpIvdAPILxMQwoOIWysqFCoFQJpUYtSEgDySjCBWI4UQghWulXtEXwoV12g3-NKugPMdjGTKm87MaB-xS5xVGsEjIfIaSCO5aa6mJPeqsGeLB0YjJl25PNyjod2bdmH-TNWl-RsDVBUTxxnxw2iaDemXYtRBq2PZudIaxat-oM5t2pQw-AUU1FPBTBaR1Puw=>click
here
$19 Million Judgment Upheld Against Former Haitian Death Squad Leader
Toto Constant Liable for Rape, Other Torture, Attempted Killing
(NEW YORK, December 1, 2009). Today, the Second Circuit Court of
Appeals upheld a $19 million judgment against Emmanuel "Toto"
Constant, the former leader of Haiti's notorious death squad known as
FRAPH, concluding "there is no basis on which to challenge the
judgment of the district court," which awarded $15 million in
punitive and $4 million in compensatory damages to three women who
survived rape, other torture and attempted killing committed by
Haitian paramilitary forces under Constant's command. The appeal was
based on the judgment of U.S. District Court Judge Sidney H. Stein of
the Southern District of New York finding Constant liable for
torture, including rape, attempted extrajudicial killing and crimes
against humanity carried out as part of FRAPH's reign of terror
during the period of military rule in Haiti from 1991 to 1994.
The Second Circuit ruled that plaintiffs had presented sufficient
allegations that Constant had "worked in concert with the Haitian
military to terrorize and repress the civilian population," relying
on the legal standard the Circuit set forth in its prior ruling in
Kadic v. Karadzic (against Bosnian Serb leader Radovan Karadzic, now
on trial in the Hague). The Court also rejected Constant's attempt
to argue that he could not defend himself because of his
incarceration in New York prison for mortgage fraud, holding that he
was not even in prison at the time he was served with the lawsuit.
The Center for Justice and Accountability's lead attorney on the
case, Natasha Fain, commented, "Today's ruling is a momentous step
for accountability for the state-sponsored campaign of rape that
destroyed so many families in Haiti."
Added Jennie Green, former Senior Attorney at Center for
Constitutional Rights (CCR) who litigated both the cases against
Constant and Karadzic, "We are pleased that the Second Circuit
followed the important ruling in the case against Radovan Karadzic
that human rights violators acting with a brutal regime must be held
accountable."
Constant first came to the U.S. in 1994 to avoid a Haitian arrest
warrant for murder and torture. Despite the outcry from the Haitian
community and human rights organizations, he lived and worked freely
in New York. The U.S. government moved to deport Constant in 1995.
However, after he disclosed on 60 Minutes that he had been on the CIA
payroll during the period when FRAPH was formed, he was released from
detention and was allowed to remain in the U.S. He moved to Queens
where he changed professions from death squad leader to mortgage
broker. Constant began engaging in fraud and was eventually indicted
in 2006 on criminal mortgage fraud charges by the New York Attorney
General. In October of 2008, Constant was sentenced to 12 to 37
years in prison for his role in a criminal mortgage fraud scheme in New York.
The ATS lawsuit was filed in December 2004 by the Center for Justice
& Accountability (CJA) and the Center for Constitutional Rights (CCR)
on behalf of the three women, all survivors of torture at the hands
of FRAPH. Sonnenschein Nath & Rosenthal LLP acted as pro bono
co-counsel in this matter.
For additional information about the case, please see CJA's website:
<http://rs6.net/tn.jsp?et=1102862107181&s=2900&e=001Kri2CoCu2E5oM8Z6hLs8a6Gve7VBYjFoqCx1lPV0S5Cm-7tLpULrU0q9FQXn0P8p8ywPW0isS0gS2N8xUAnOpizS64H4MG3thvoZg1Q8kK4=>www.cja.org.
CJA is a San Francisco-based human rights organization dedicated to
deterring torture and other severe human rights abuses around the
world and advancing the rights of survivors to seek truth, justice
and redress. CJA uses litigation to hold perpetrators individually
accountable for human rights abuses, develop human rights law, and
advance the rule of law in countries transitioning from periods of abuse.
The Center for Constitutional Rights is dedicated to advancing and
protecting the rights guaranteed by the United States Constitution
and the Universal Declaration of Human Rights. Founded in 1966 by
attorneys who represented civil rights movements in the South, CCR is
a non-profit legal and educational organization committed to the
creative use of law as a positive force for social change. Visit
<http://rs6.net/tn.jsp?et=1102862107181&s=2900&e=001Kri2CoCu2E5MX0qXbpobhHHIznyFog5w3eUlw1NKYzdFdMoRU2uY-n2Ad846JHSygq3NHcP2e1BkAj0rThV5EHL6YYvxWMV-unfwaXbyGu5KAtWp_Oy3gw==>www.ccrjustice.org.
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